Zusammenfassung der Ressource
Classification of Interests in Real Property
- Freehold Estates
- Fee Simple
- Fee Simple Absolute
- Not defeasable
- Fee Simple Defeasable
- Fee Simple Determinable
- possibility of revertor
- "So long as"during"until"while"
- Fee Simple Subject to Condition Subsequent
- Estate terminates upon happening/non of stated contingency
- "On condition that"subject to the condition"but if"
- Not automatic reversion, but right of re-entry
- Fee Tail
- Common Law-"to the heirs of his body"
- Per autre vie- life estate measured by life of another
- modernly obsolete
- Life Estates
- curtsey and dower obsolete
- Upon death life estate passes to heirs
- possession under legal title carving out ownwership over time
- Non Freehold Estates
- mere possession-no legal title
- ll require written instrument to comply with Sof F
- Duties and responsibilities of tenant
- pay rent, make ordinary repairs and quit premises in timely manner
- Cannot commit waste
- voluntary
- injury to land-extraction-liable
- emeliorating
- beneficial changes- not liable
- permissive
- equitable
- destruction, decay waste
- liable to 3rd parties
- Tenancy for Years
- specific period of time terminable at some date or event
- more than 1 year
- Tenancy from period to period
- automatic renewal year to year, mo to mo
- Modernly-1 yr termination requires 1 mo notice
- Tenancy at Will
- No fixed duration- termination agreed by both landlord and tenant
- Termination w/ notice for sale or death of either party
- Tenancy at Sufference
- wrongful hold over on prop
- landlord option to evict or extend
- Concurrent Estates
- Joint Tenancy
- Survivor retains rights of deceased joint tenant
- unities-time, title, interest and possession required + owner's intent in a deed
- Co-ownership/undivided interest
- Modernly disfavored
- Terminated by an agreement inter vivos or partition or mortgages
- Tenancy by the Entirety
- Married couple
- unities-time, title, interest and possession and person required + reference to marriage
- By the whole- no rights of partition
- Severance by right of survivorship or divorce
- immune from individual creditors, but not taxes
- Tenancy in Common
- No right of survivorship
- ownership in part but can be in total possession- consideration in proportion to property
- freely alienable
- Subject to creditors
- Modernly- Automatically presumed if mot written
- merger when title vests in one person through sale
- Rights and duties of tenants
- may compel contribution from co-tenants for taxes
- but not for repairs
- right to possess whole estate and retain profits,
- ownership by 2 or more persons
- Non-Possessory Interests
- Easements
- Appurtenant- runs with the land and requires two parcels
- Dominant
- Servient
- In Gross- Can run w/ the land only oneparcel
- Servient
- Negative
- prevents serviant tenament from doing some act or use of- don't build yr building too high
- Affirmative
- gives a right of affirmative use to dominant tenement owner- pathway to driveway
- Implication
- In subdivision schemes
- Easement by necessity by grant or reservation
- Prescription
- 5 elements- adverse use, open,notorious,continuous, for the statutory period
- Easements Extinquished by merger, written release, abandonment, prescription, destruction, estoppel, or condemnation(eminent domain)
- rt to enter land of another w/out trespass
- for limited use, ingress egress
- Profits
- Rt. to enter land to extract r remove something
- Covenants running with the land
- 1) Signed writing-complies with SofF
- 2) Must be the intent of "assigns" or "Successors" intend to run w/ the land
- 3) Must touch and concern the land- increase or curtail value and use
- 4) privity of estate- interest from one contracting party toanother
- between a contract and an easment
- not an interest in the land
- extinguished by merger abandonment estoppal release
- breaches recoverable like contracts
- Equitable Servitudes
- 1) Signed writing-complies with SofF
- 2)Intention- determine who may enforce
- 3)Noticeof the existance of the servitude written or constructive
- land use restrictions enforcible in equity
- Licenses
- Permission to enter land w/out tresspass
- Irrevocable if coupled w/ an interest
- does not have to comply w/ SofF
- Future Interests
- Reversions
- Estate remaining in grantor who as conveyed a lesser estate
- Possibility of reverter
- Estate remaining in grantor who as conveyed a determinable estate
- or a fee simple determinable
- ripens upon occurence of stated event
- Automatic reversion
- Right of Re-entry
- grantor retains the option to re-enter
- subject to a condition subsequent
- Remainders
- Contingent
- uncertain if it will become possessary
- subject to condition precedent that terminates previous estate
- Vested
- automatic at termination of the estate
- vested subject to divestment
- vested subject to partial divestment
- Interest in3rd person effective after natural termination of previous fee tail or life estate
- created at the same time in the same instrument as the previous estate of lessor duration than conveyor
- Executory Interests
- Upon happening/non of stated event estate goes to third party/second grantee
- shifting
- springing requires a time lapse before estate goes to 2nd grantee
- Rights Incident to Possession
- Adverse Possesion
- 1)Continuous
- tacking
- privity
- 2) Actual
- possession and use
- 3) Visable
- appearance of ownership
- 4)Exclusive
- no simultaneous use by owner
- 5) Hostile
- wrongful possession
- 6) Open and Notorius
- Disability to recover defenses
- Lateral/Subjacent Support
- rt to have land supported in natural state by adjacent landowner
- liable for damage if building collapse would occur in nat. state
- rt to have land supported in natural state by owners of underground interest
- liable for damage if collapse would occur in nat. state
- Water Rights
- Riparian rt to all domestic water use
- commercial use limited to reasonable
- prior appropriation/first come first serve
- Conveyancing
- Record by Statute
- Deeds
- alienation
- requires a writing
- wills
- Mortgages